Agenda packet — Hollister City Council, June 6, 2025

City of Hollister
City Council Agenda
Special Meeting

Friday, June 6, 2025, 6:30 p.m.

City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023

Roxanne Stephens, Mayor David Mirrione, City Manager Rudy Picha, Council Member, District 1 Mary F. Lerner, City Attorney Rolan Resendiz, Council Member, District 2
Dolores Morales, Council Member, District 3
Priscilla de Anda, Council Member, District 4

Gordon Machado, City Treasurer

NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following recognition, persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by noon on the day of the City Council meeting.

The public may watch the meeting via live stream at:

City of Hollister Website
https://pub-hollister.escribemeetings.com/

Community Media Access Partnership (CMAP):
http://cmaptv.com/government/

City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489

Public Participation:

The public may attend meetings.

NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)

If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:
https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or recorded or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

To access written translation during the meeting, please click this link:

Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:

https://attend.wordly.ai/join/NLJC-7137

1.CALL TO ORDER

2.PLEDGE OF ALLEGIANCE

3.ROLL CALL

4.CLOSED SESSION
Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

4.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Agency designaated representatives: City Manager David Mirrione and City Attorney City of Hollister City Council Meeting

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Mary Lerner
Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Firefighters Union (HFFU), Local 3395; Hollister Peace Officer Association (HPOA); and un-represented employees

4.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (Deciding Whether to Initiate Litigation): 1 case

5.COUNCIL BUSINESS

5.1 CONSIDERATION OF THE ADOPTION A RESOLUTION APPROVING

AMENDMENTS TO THE FIRE PROTECTION SERVICE AGREEMENTS FOR THE

COUNTY OF SAN BENITO AND THE CITY OF SAN JUAN BAUTISTA

RECOMMENDED ACTION
Adopt a resolution approving the amendments to the Fire Protection Service Agreements for the County of San Benito and the City of San Juan Bautista, and authorizing the City Manager, or designee, to execute the Amendments and to make non-substantive revisions, as necessary, to the Amendments without further City Council approval.

5.2 A RESOLUTION APPROVING A HOLLISTER INDEPENDENCE DAY RALLY

SECURITY AGREEMENT WITH AMERICAN GLOBAL SECURITY AND

DELEGATING AUTHORITY TO THE CITY MANAGER, OR DESIGNEE, TO

EXECUTE THE AGREEMENT

RECOMMENDED ACTION
Adopt a resolution approving a Hollister Independence Day Rally Security Agreement with American Global Security and Delegating Authority to the City Manager, or designee, to execute the agreement.

5.3 WAIVE THE CITY COUNCIL “CITY REQUESTS FOR FUTURE AGENDA ITEMS

AND INFORMATION POLICY TO DISCUSS, FORM AND APPOINT TWO CITY

COUNCILMEMBERS TO A HOLLISTER INDEPENDENCE RALLY AD HOC

COMMITTEE

RECOMMENDED ACTION
Waive the City of Hollister (“City”) “Council Requests for Future Agenda Items and Information” Policy (“Policy”), discuss, form and appoint two (2) City Councilmembers to a Hollister Independence Rally Ad Hoc Committee.

6.ADJOURNMENT

7.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister special meeting of June 6, 2025 was posted on the bulletin board at City Hall on June 5, 2025 at 5:10 p.m. per Government Code Section 54954.2.

City of Hollister City Council Meeting

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PUBLIC PARTICIPATION NOTICE
The public may attend meetings in person or watch meetings via live stream at:

City of Hollister Website:
https://hollister.ca.gov/government/agendas___minutes.php

Community Media Access Partnership (CMAP):
http://cmaptv.com/government/

City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489

If you wish to make a public comment remotely during the meeting, please use the Zoom registration link below:

https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

To access written translation during the meeting, please scan the QR Code or click this link | Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
https://attend.wordly.ai/join/NLJC-7137
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir

Use a headset on your phone for audio or read the transcript on your device. | Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 6, 2025
REPORT # City Manager-2025-35

AGENDA ITEM: CONSIDERATION OF THE ADOPTION A RESOLUTION

APPROVING AMENDMENTS TO THE FIRE PROTECTION SERVICE

AGREEMENTS FOR THE COUNTY OF SAN BENITO AND THE CITY OF SAN JUAN

BAUTISTA

DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager

RECOMMENDED ACTION: Adopt a resolution approving the amendments to the Fire Protection Service Agreements for the County of San Benito and the City of San Juan Bautista, and authorizing the City Manager, or designee, to execute the Amendments and to make non-substantive revisions, as necessary, to the Amendments without further City Council approval.

DISCUSSION: Since 2013, the City of Hollister has provided fire protection services via a contract to the County of San Benito and the City of San Juan Bautista. Since the inception of the first contracts, the contracts were renegotiated in 2016 and 2019. At th e request of the City Council, staff provided a presentation regarding the fire services contracts on May 6, 2024. On June 4, 2024, the City Council expressed the intent to issue a notice of termination regarding the fire services contracts with the Count y of San Benito and the City of San Juan Bautista. To comply with Council’s direction, staff drafted the necessary resolution and notices of termination and received approval from the City Council on June 18, 2024 to issue the notices. These notices were issued on June 20, 2024 and would adjust the termination date of the contracts from December 31, 2025 to March 17, 2025. These documents formally informed the respective agencies of the City’s intention to terminate the fire services contracts; however, the notices also indicated that the City was willing to work with the agencies in lieu of termination. City staff then worked with the staff from both agencies to renegotiate the terms of the contracts.

On January 7, 2025, the City Council created an ad-hoc committee to negotiate the fire protection contracts and appointed Mayor Stephens and Councilmember Resendiz to serve on the committee. On January 21, 2025, the City Council directed the City Manager to rescind both 270-day termination notices. By rescinding the notices, the contracts were then set to expire on their original expiration date of December 31, 2025. However, the current contracts have provisions to automatically extend an additional calendar year if the contracts are not terminated according to the contract terms. As such, on March 24, 2025, the City Council subsequently agreed to issue a new 270-day notice to prevent the contracts from being automatically extended. The new 270-notices were then issued to the County of San Benito and the City of San Juan Bautista on March 25, 2025 resulting in the termination of both agreements with services concluding on December 20, 2025.

Staff have continued evaluating the proposals and will present a recommendation to approve amendments to the existing agreements with the County of San Benito and the

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City of San Juan Bautista. If approved, staff will immediately send the amendments to both jurisdictions for their consideration and approval. Following such approval by both agencies, both Amendments will become effective consistent with the Amendment terms.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: May 5, 2025: The City Council rejected the counterproposals from the County of San Benito and the City of San Juan Bautista.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. 2019 County of San Benito Fire Protection Services contract

2. 2019 City of San Juan Bautista Fire Protection Services contract

3. Amendment #1: 2019 County of San Benito Fire Protection Services contract

4. Amendment #1: 2019 City of San Juan Bautista Fire Protection Services contract

5. Resolution

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AMENDMENTS TO THE FIRE PROTECTION SERVICE

AGREEMENTS FOR THE COUNTY OF SAN BENITO AND THE CITY OF

SAN JUAN BAUTISTA AND AUTHORIZING THE CITY MANAGER, OR

DESIGNEE, TO EXECUTE THE AMENDED AGREEMENTS

WHEREAS, the City of Hollister (“City”) has provided fire protection services to the County of San Benito and the City of San Juan Bautista since 2013; and

WHEREAS, the fire services contract with the County of San Benito and the City of San Juan Bautista (“Agreement”) were renegotiated in 2016 and 2019; and

WHEREAS, on June 18, 2024, the City issued notices of termination of the Agreement to the County of San Benito and City of San Juan Bautista noticing the City’s intent to terminate the Agreement effective March 17, 2025 (“270 Day Notices”); and

WHEREAS, on January 21, 2025, the City rescinded the 270 Day Notices; and

WHEREAS, the Agreement includes an automatic extension provision whereby the Agreement will be automatically extended for one year if none of the parties terminate the Agreement at least 270 days prior to the Agreement termination date; and

WHEREAS, on March 24, 2025, the City issued new 270 Day Notices to prevent the Agreement from being extended beyond December 31, 2025; and

WHEREAS, the City has continued negotiating amendments to the Agreement with the County of San Benito and City of San Juan Bautista and has drafted amendments to the Agreement for City Council consideration.

NOW, THEREFORE, BE IT RESOLVED that the City Council:

1. Approves the amendments to the fire services agreement with the County of San Benito and the City of San Juan Bautista.

2. Delegates authority to the City Manager, or their designee, to execute the amended fire services agreement with the County of San Benito and the City of San Juan Bautista subject to approval of such amendments by both the County of San Benito and City of San Juan Bautista governing boards and authorizes the City Manager to make non-substantive revisions, as necessary, to the Amendments without further City Council approval.

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Resolution No. 2025-XX

- 2 -

3. Requires both the County of San Benito and the City of San Juan Bautista to execute the Amendments. If one agency determines not to execute the Amendment, then the other Agency’s executed Amendment will be null and void.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on June 6, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

_______
Angie Gonzalez, MMC, Deputy City Clerk Mary F. Lerner, City Attorney

I, Angie Gonzalez, MMC, Deputy City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on June 6, 2025 at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on June 6, 2025.

Angie Gonzalez, MMC
Deputy City Clerk of the City of Hollister

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CONTRACT
The County of SAN BENITO ("COUNTY") and CITY OF HOLLISTER ("CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph 1.

1. DURATION OF CONTRACT.

This contract shall commence on January 1, 2019 and terminate on December 31, 2025.

This contract shall be automatically renewed on January 1, 2026, and each January 1st for three (3) successive one year terms, unless terminated pursuant to this contract.

2. SCOPE OF SERVICES.

CONTRACTOR, for COUNTY's benefit, shall perform the services specified in Attachment A to this contract. Attachment A is made a part of this contract.

3. COMPENSATION FOR SERVICES.

In consideration for CONTRACTOR's performance, COUNTY shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is made a part of this contract.

4. GENERAL TERMS AND CONDITIONS.

The rights and duties of the parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachment C. Attachment C is made a part of this contract.

5. INSURANCE LIMITS.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. (a) Comprehensive general liability insurance: $1,000,000 (b) Professional liability insurance: n/a
(c) Comprehensive motor vehicle liability insurance: $1,000,000 The above insurance requirements may be met through the Contractor's program of self-insurance and insurance through the California Affiliated Risk Management Authority (CARMA).

6. TERMINATION.

The number of days of advance written notice required for termination of this contract is 270 days.

Revised 10/30/18 Page 1 of 2

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7. SPECIFIC TERMS AND CONDITIONS (check one)
[ There are no additional provisions to this contract.
[ X ] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment D.

Attachment D is made a part of this contract.

8. INFORMATION ABOUT CONTRACT ADMINISTRATORS.

The following names, titles, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for COUNTY:

Ray Espinosa
County Administrative Officer
481 Fourth Street
Hollister, CA 95023
(831) 636-4000 (831) 636-4300 x11
(831) 636-4010 FAX (831) 636-4310 FAX
Contract Administrator for CONTRACTOR
William B. Avera
City Manager
375 Fifth Street
Hollister, CA 95023

APPRO BY
Anthony Botelh
Chair, San Benito County Board of Supervisors
Date: Ii/lo/q5
APPRWED AS TO LEGAL FORM:

O.)-Lbc_a-c(401
Barbara Thompson, County Co sel

Y CO RACTQ
Ignacio Velazq
Mayor, City of Hollister
Date:

APPROV AS TO LEGAL FORM:

Jaso pperso C ty Attorney
ATTEST:

Christine B1ck MMCc.Crti:Clerk
Revised 10/30/18 Page 2 of 2

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ATTACHMENT A
Scope of Services
A-1 OVERVIEW
The Fire Protection Services to be provided by CONTRACTOR shall consist of Structural Fire Protection, Vegetation Fire, Vehicle Accident, Pre-Hospital Emergency Medical Services, Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response (flooding, downed power lines, earthquake, etc.), Fire Prevention Services, Fire Investigations, Fire Inspections and Pre-Planning Services for the County Resource Management Agency (RMA).

Additionally, the COUNTY hereby contracts with the CONTRACTOR to provide administrative and operational management of fire services within the County. The CONTRACTOR Fire Chief is also delegated the authority by the COUNTY Board of Supervisors to act as the County Fire Chief which includes the delivery of fire protection, emergency medical service, fire prevention investigative services and other duties associated with a full service fire department and cooperative fire protections program for the County of San Benito.

A-2 OBJECTIVES
The parties define the following objectives to be met by CONTRACTOR in accordance with the terms of the agreement.
• ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief shall present biannually to the San Benito County Board of Supervisors a report on administration policies and fire issues and will seek guidance on county fire department questions or concerns ensuring the County has input with regard to fire services provided and future goals of the Department, as well as status of training, staffing, costs, call times, etc. In the event that the Fire Chief is unable to provide the biannual report due to unforeseen and unplanned conflicts, the Fire Chief may assign a designee to repot in his/her place.
• FINANCIAL: Provide the level of service described in this agreement while operating the fire services in a cost effective and efficient manner.
• MANAGEMENT: Provide a coordinated management program in order to effectively serve the needs of the County.
• RESERVE FIREFIGHTERS: Strengthen recruitment and retention of an effective force of reserve Firefighters through improved communications, working relationships, and benefits as determined by the Contractor.
• JURISDICTION: Hollister Fire Department has jurisdiction within the boundaries of San Benito County and Hollister City limits with the exception of the Aromas Tri-County Fire Protection District.
• FACILITIES: Identify and recommend an effective inventory of facilities to serve the COUNTY and meet the needs of the Department.

Revised 10/30/18 Attachment A: Page 1 of 6

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• PRE-PLANNING AND FIRE INSPECTIONS: Assist County Building Official and RMA with pre- planning and inspection services as they relate to the Fire Department and the requirements of Title 19 and Title 24 of the California Building Codes. Applications shall receive initial review and be processed within ten (10) business days. The county reserves the right to hire or utilize its own staff or contracted staff to provide these services as needed. • VEHICLES & EQUIPMENT: Hollister Fire Department will operate a comprehensive vehicle and equipment program addressing replacement, maintenance and future purchases. • FIRE PREVENTION: Provide a comprehensive fire prevention program. • TRAINING: Ensure that all personnel including Reserves are required to complete training requirements to carry out their duties and responsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the Department. • FIRE SUPPRESSION: Provide the highest level of structural fire suppression services within the resources available to the Department.
• EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures, certifications or reporting requirements, and participate in EMS system stakeholder meetings, including, but not limited to:

Base Station, Pre-Hospital Advisory, EMCC, and SCR911 Fire/EMS Task Force and User Meetings. • COMMUNICATIONS: CONTRACTOR is responsible for the ongoing management and cost of fire department related emergency 911 communications including dispatching and call taking (currently contract through Santa Cruz Regional 911) with the exception of any Capital Infrastructure needs.
• DISASTER PREPAREDNESS & RESPONSE: Ensure that the Department maintains the ability to respond to major emergencies and disasters through participation in all local exercises and training that are consistent with the County Operational Area Emergency Operations Plan. In the event of a local, state, or presidential proclaimed/declared disaster, CONTRACTOR shall follow protocols and procedures as defined in the Standardized Emergency Management System, California Emergency Services Act, San Benito County Operational Area Emergency Operations Plan, and any other applicable plan, policy, or system, including communicating/coordinating with the appropriate county official or staff for response, recovery, and mitigation activities.

A-3 PROPOSED STAFFING & TRAINING LEVELS
Staffing levels, training levels, use of auto/mutual aid agreements, unless otherwise agreed to, in writing, by the parties to this Agreement, shall be comprised of paid full time fire professionals with a ranking of one (1) Fire Chief, one (1) Battalion Chief per shift, one (1) Prevention Battalion Chief, and a combination of Fire Captains, Fire Engineers, and Firefighters to staff the four (4) engine companies covering the City and COUNTY.

Three shifts of engine companies per fire station will provide no less than a 2 (two) person response to all incidents on the CONTRACTOR staffed COUNTY designated engine and on the CONTRACTOR staffed Revised 10/30/18 Attachment A: Page 2 of 6

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San Juan Bautista engine located within the San Juan Bautista city limits, and no less than a three (3) person response on all CONTRACTOR staffed engines located within the CONTRACTOR city limits (station 1 on Fifth Street and Station 2 on Union Road).

A-4 RESPONSE
Fire Companies will be dispatched from SCR911 as directed by the Fire Chief to meet the needs of the incident and provide the resources required. SCR911 provides pre-event /incident planning for calls for service and emergency medical dispatch. Fire Companies are assigned by the Chief to meet the need for each type of incident. Additional resources may be requested dependent upon the incident.

Response goals have been established to allow CONTRACTOR and COUNTY to evaluate the effectiveness of the Fire Department response times. The department has four pre-established zones (see images below for maps) based on station location. Each response zone identifies the response times that the department aims to reach to the 90th percentile. For calls that fall outside of the pre-defined response zones, such as those in the southern, rural portion of the county, adequate response times are defined using the following formula: Distance in miles from the nearest Hollister Fire Station at a rate of 35 miles per hour. For example, a call that is 35 miles from the nearest fire station should take the first apparatus 60 minutes or less to arrive. On a case by case basis, should weather, traffic, call queuing, or any other unforeseen complication to the response occur, an exemption may be granted and thus not counted towards the 90th percentile goal.

Response times are defined as the time from initial notification by dispatch to the assigned apparatus to arrival of the first unit on scene of the call for service.

Hollister Fire Stations Response Times
- ....-
X..
ti
- •
1 ;1 \II I • • IV:,
Station Response Time Boundaries
HOL1 • 0 - 4 HOLI - 4 HOL3 - 4 HOL4 0 - 4
HOL1 : 4 - 6 HOL2 . 4 - 6 HOL3 4.6 HOL4 . 4 - 6
HOL1 . 6 - 8 IIIIIMOL2 6 - 8 IN HOL3 6 - 8 MI HOL4 6 - 8 Stations
• Existing
c Proposed
Revised 10/30/18 Attachment A: Page 3 of 6

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Hollister Fire Stations Response Times
11 - -;••• _
• I..
• •
Station Response Time Boundaries
HOLI : 0 - 4 HOL2 : - 4 HOL3 :0 - 4 HOL4 : 0 - 4
HOL1 : 4 -6 -- • HOL2 • 4 - 6 < HOL3 :4 - 6 HOL4 : 4 - 6 HOL1 : 6 - 8 In HOL2 : 6 - 8 I. HOL3 : 6 - 8 In HOL4 : 6 - 8 (Maps courtesy of Santa Cruz Regional 911)
A-5 FIRE STATION
Stations
• Existing
c Proposed
Four (4) Fire Stations are proposed to provide countywide fire services. Station 1 is owned and operated by the City of Hollister and is located at 110 Fifth Street, Hollister. Station 2, also owned by the City of Hollister, is located at 1000 Union Road, Hollister.

Station 3 is temporarily located within the City of Hollister's Municipal Airport located at the termination of Aerostar Way. Should the County of San Benito desire to continue work on Station No. 3 to be located at the intersection of Rosa Morada and Fairview Road, or select a different location in the unincorporated area of the county as determined by the Board of Supervisors, upon completion it will become the new location of Station 3.

Station 4, located at 24 Polk Streets, San Juan Bautista, is owned by the City of San Juan Bautista and operated by CONTRACTOR.

A-6 FIRE APPARATUS AND FIRE VEHICLES
Initially, fire apparatus and fire vehicles will include both City/County-owned vehicles with preventive maintenance to be provided by the City of Hollister. The County will maintain ownership and insurance coverage for the county-owned vehicles listed in this agreement. CONTRACTOR will maintain insurance coverage for all liabilities in accordance with California Vehicle Code Sections 17000, et. seq., which may arise out of the operation of said vehicles.

Revised 10/30/18 Attachment A: Page 4 of 6

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The Contractor upon contract execution shall commence the purchase process of one (1) Type 1 Engine, one (1) Type 3 Apparatus, and one (1) Off-Road Water Tender. Delivery of said apparatus is anticipated to take 12 to 18 months. Should the COUNTY or CONTRACTOR elect to terminate this contract, COUNTY shall be given the option to purchase the apparatus at a prorated amount based on the fair market value of the vehicle. For COUNTY owned Vehicles, CONTRACTOR shall:
a) Provide fuel, oil, lubrication, batteries, tires, brakes and tubes. b) Repair, exchange, or replace when necessary accessory motors, hoses, pumps, spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when vehicles were accepted by the CONTRACTOR for operation.
c) Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, that CONTRACTOR may cease to make further repairs on any vehicles when CONTRACTOR determines that the repair costs during the period of this agreement shall exceed $10,000 for any one occurrence, or will exceed the market value of the vehicle. In this event, or if the CONTRACTOR determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, the CONTRACTOR shall not be required to repair the vehicle or maintain it in use. d) COUNTY, or the COUNTY through its insurance company, shall pay to the COUNTRACTOR the cost of all accident repairs in excess of $2,000 per occurrence.

For all fire equipment and vehicles, CONTRACTOR shall keep a record regarding maintenance and repairs. All COUNTY personal property provided to CONTRACTOR for the purpose of fire protection services shall be marked and accounted for by CONTRACTOR in a manner that will identify the property as belonging to the COUNTY if the equipment is later returned to the County.

CONTRACTOR shall return COUNTY's current Fire Apparatus upon delivery of new fleet apparatus being placed "in service".

All fire apparatus assigned to COUNTY station 3 and City of San Juan Bautista station shall be marked as:

County of San Benito Fire Department and City of San Juan Bautista Fire Department respectively as approved by COUNTY and the City of San Juan Bautista. At the discretion of the fire chief, CONTRACTOR may opt to mark all apparatus, regardless of station location or ownership, with the logo/patch/seal of all three jurisdictions whom are partner to this contract with the written approval of the design by COUNTY.

A7 INVENTORY LIST
An inventory listing of all capital and controlled assets owned by the County shall be provided to the County Auditor annually, upon completion of the fiscal year or as specified by the Auditor. Any obsolete, damaged, or unneeded equipment shall be provided back to the County for disposal pursuant to the County's surplus property policies.

END OF ATTACHMENT A
Revised 10/30/18 Attachment A: Page 5 of 6

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ATTACHMENT B
Payment Schedule
B-1. BILLING
Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis: (check one)
[
[ ]
[x ]
One month in arrears.

Upon the complete performance of the services specified in Attachment A.

The basis specified in paragraph B-4.

B-2. PAYMENT
Payment shall be made by COUNTY to CONTRACTOR at the address specified in paragraph 8 of this contract, net thirty (30) days from the invoice date.

B-3. COMPENSATION
COUNTY shall pay to CONTRACTOR according to the following schedule:

Calendar Year

1. 2019

2. 2020

3. 2021

4. 2022

5. 2023

6. 2024

7. 2025
Optional Years (without prior termination).

8. 2026

9. 2027

10. 2028
Contract Amount
$1,845,000.00
$1,992,600.00
$2,052,378.00
$2,113,949.00
$2,177,367.00
$2,242,688.00
$2,309,969.00
$2,379,268,00
$2,450,646.00
$2,524,165.00
B-4. SPECIAL COMPENSATION TERMS: (check one)
[ ] There are no additional terms of compensation.
[x ] The following specific terms of compensation shall apply:
(a) The CONTRACTOR will invoice the COUNTY quarterly for services rendered. (b) During the initial 24 months of this contract, or until CONTRACTOR has all apparatus in service, whichever occurs first, all parties acknowledge that in the event of a major disaster, loss or need to replace a major piece of equipment, COUNTY shall be responsible to pay to CONTRACTOR the cost of the replacement which may exceed the "not to exceed" amount in B-3 in the paragraph above, such purchases shall be subject to the review and approval of Board of Supervisors. In the case of COUNTY not approving the replacement cost of COUNTY equipment, CONTRACTOR shall be entitled to reduce the level of fire services commensurate with the County equipment no longer in operation.

END OF ATTACHMENT B.

Revised 10/30/18 Attachment B: Page 1 of 1

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ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.

CONTRACTOR and COUNTY each agree to indemnify, defend and save harmless the other party and the other party's officers and employees, from and against any and all claims and losses whatsoever arising out of, or in any way related to, the indemnifying party's performance under this contract, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by the indemnities in connection with such claims or losses. A party's "performance" includes the party's action or inaction and the action or inaction of that party's officers and employees.

C-2. INDEPENDENT CONTRACTOR.

CONTRACTOR and its officers and employees, in the performance of the contract, are independent contractors in relation to COUNTY and not officers or employees of COUNTY. Nothing in this contract shall create any of the rights, powers, privileges or immunities of any employee of COUNTY.

CONTRACTOR shall be solely liable for all applicable taxes or benefits, including, but not limited to, federal and state income taxes, Social Security taxes, or ERISA retirement benefits, which taxes or benefits arise out of the performance of this contract. CONTRACTOR further represents to COUNTY that CONTRACTOR has no expectation of receiving any benefits incidental to employment.

C-3. CONFLICT OF INTEREST.

CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be used or employed.

C-4. COMPLIANCE WITH APPLICABLE LAWS.

CONTRACTOR shall comply with all applicable federal, state and local laws now, or hereafter, in force, and with any applicable regulations, in performing the work and providing the services specified in this contract. This obligation includes, without limitation, the acquisition, and maintenance of any permits, licenses, or other entitlements necessary to perform the duties imposed expressly or impliedly under the contract.

C-5. PROHIBITION AGAINST ASSIGNMENT AND DLEGATION OF DUTIES.

Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by CONTRACTOR without the prior written consent of COUNTY, and any attempted assignment or delegation without such consent shall be void.

C-6 NEGOTIATED CONTRACT.

Revised 10/30/18 Attachment C: Page 1 of 4

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This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.

C-7. SEVERABILITY.

Should any provision herein be found or deemed to be invalid, this contract shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect. To this end, the provisions of this contract are declared to be severable.

C.8 ENTIRE CONTRACT.

This contract is the entire contract of the parties. There is no understanding or contracts pertaining to this contract except as are expressly stated in writing in this contract or in any document attached hereto or incorporated herein by reference.

C-9. TIME IS OF THE ESSENCE.

Time is of the essence in the performance of this contract.

C-10. TERMINATION.

Either party may terminate this contract, with or without cause, at any time. In order to terminate this contract, the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of day specified in paragraph 6 of this contract. The termination notice shall be made as specified in paragraph C-11, below. In the event of termination, COUNTY shall pay CONTRACTOR for all work satisfactorily performed prior to the effective date of the termination.

C-11. NOTICES.

Notices to the parties in connection with the administration of this contract shall be given to the parties' contract administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on:
(a) The day the notice is personally delivered to the contract -administrator or the office of the party's contract administrator; or
(b) Five days after the date the notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, with first-class postage fully prepaid; or
(c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in paragraph 6 of this contract, provided that an original of such notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, on the same day as the facsimile transmission is made.

C-12. RESPONSIBILITY OF CONTRACT ADMINSTRATORS.

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All matters concerning this contract which are within the responsibility of the parties shall be under the direction of, or shall be submitted to, the respective contract administrators or to the party's employee specified, in writing, by the contract administrator. A party may, in its sole discretion, change its designation of its contract administrator and shall promptly give written notice to the other party of any such change.

C-13. MATERIALITY.

The parties consider each and every term, covenant, and provision of this contract to be material and reasonable.

C-14. WAIVER.

Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. COUNTY' S receipt of consideration with knowledge of CONTRACTOR's violation of a covenant does not waive its right to enforce any covenant of this contract.

The parties shall not waive any provisions of the contract unless the waiver is in writing and signed by all parties.

C-15. AUTHORITY AND CAPACITY.

COUNTY's and CONTRACTOR's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-16. BINDING ON SUCCESSORS.

All of the conditions, covenants and terms herein contained shall apply to, and bind, the heirs, successors, executors, administrators, and assigns of CONTRACTOR. CONTRACTOR and all of CONTRACTOR's heirs, successors, executors, administrators, and assigns shall be jointly and severally liable under this contract.

C-17. CUMULATION OF REMEDIES.

All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, eleCtion, power or remedy until all duties and obligations imposed shall have been fully performed.

C-18. INDEPENDENT ADVICE.

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that is has received independent legal advice from its attorney with respect to the matters set forth in this contract and the rights and duties arising out of this contract, or that such party willingly foregoes any such consultations.

C-19. NO RELIANCE ON REPRESENTATIONS.

Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant to this contract may hereunder turn out to be other than, or different from, the facts now known to such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

C-20. COUNTERPARTS.

This contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts shall together constitute one contract.

END OF ATTACHMENT C.

Revised 10/30/18 Attachment C: Page 4 of 4

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ATTACHMENT D
Specific Terms and Conditions
D-1 INDEMNIFICATION
The indemnification provisions set forth in Attachment C, shall survive the termination or expiration of this Contract.

D-2 AMENDMENTS
This Contract may be amended only in writing with consent of both parties.

D-3 GRANT ADMINISTRATION
CONTRACTOR will apply for grants on behalf of COUNTY, San Juan Bautista, and CONTRACTOR on a rotational basis as it determines prudent in its sole discretion, and will administer all grants received. All grants applied to on behalf of COUNTY, COUNTY shall be requested to commit to pay the local jurisdiction cost share amount prior to grant submission. Once COUNTY grant equipment is received, it shall become the property of COUNTY.

D-4 WORKERS COMPENSATION
COUNTY shall not be liable to any officer, employee, Reserve or agent for any sickness or injury incurred by such person in the course of performing services under this Contract. All workers' compensation insurance shall be the responsibility of CONTRACTOR.

D-5 NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either party as a result of this Contract.

D-6 FUTURE GROWTH/ MAXIMUM AMOUNT OF CONTRACT
In the event COUNTY has a growth increase greater than 12.5% during the initial four (4) year period.

CONTRACTOR has the ability to reopen this Contract. CONTRACTOR and COUNTY agree growth rates shall be determined by the State Department of Finance.

D-7 EFFECTIVE DATE OF THE CONTRACT
The parties expect that this contract will take effect on January 1, 2019.

END OF ATTACHMENT D
Revised 10/30/18 Attachment D: Page 1 of 1

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CONTRACT
The CITY OF SAN JUAN BAUTISTA ("SJB") and CITY OF HOLLISTER ("CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph 1.

1. DURATION OF CONTRACT.

This contract shall commence on nia.ryigi le) , 2019 and terminate on December 31, 2025. This contract shall be automatically renewed on January 1, 2026, and each January 1st thereafter, for three (3) successive one year terms, unless terminated pursuant to this contract.

2. SCOPE OF SERVICES.

CONTRACTOR, for SJB's benefit, shall perform the services specified in Attachment A to this contract. Attachment A is made a part of this contract.

3. COMPENSATION FOR SERVICES.

In consideration for CONTRACTOR's performance, SJB shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is made a part of this contract.

4. GENERAL TERMS AND CONDITIONS.

The rights and duties of the parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachment C. Attachment C is made a part of this contract.

5. INSURANCE LIMITS.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. (a) Comprehensive general liability insurance: $5,000,000 (b) Professional liability insurance: n/a
(c) Comprehensive motor vehicle liability insurance: $1,000,000 The above insurance requirements may be met through the CONTRACTOR's program of self-insurance and insurance through the California Affiliated Risk Management Authority (CARMA).

Additionally, the insurance requirements shall include a written waiver of the CONTRACTOR's right to subrogate against the SJB as well as the following evidence of coverage:
• Subrogation waiver endorsement; and
• Properly completed Certificate of Insurance
Revised 02/01/19 Page 1 of 2

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6. TERMINATION.

The number of days of advance written notice required for termination of this contract is 270 days.

7. 8.

SPECIFIC TERMS AND CONDITIONS (check one)
There are no additional provisions to this contract.
[ X ] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment D.

Attachment D is made a part of this contract.

INFORMATION ABOUT CONTRACT ADMINISTRATORS.

The following names, titles, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for SJB:

Michaele La Forge
City Manager
481 Fourth Street
Hollister, CA 95023
(831) 636-4000 (831) 636-4300 x11
(831) 636-4010 FAX (831) 636-4310 FAX
Contract Administrator for CONTRACTOR
William B. Avera
City Manager
375 Fifth Street
Hollister, CA 95023
APPROVED BY SJB:
(
Cesar Flores
Mayor, City of San Juan Bautista
Date: .2.7z .3/ 1
APPROVED AS TO LEGAL FORM:
f.,149413 me,,q
Deborah Mall, City Attorney
ATTEST:

La1(a'Cent, City Clerk
APPROVED BY CONTRACTOR:

Ignacio Velazquez
Mayor, City of Hollister
Date: -/ S-/2
APPROVEp,_A§ TO LEGAL FORM:
(---,, /
--7 ' A, r______ ,---,
Jason Ktpperson, t Attorney
ATTEST:

Christine Black, MMC, City Clerk
Revised 02/01/19 Page 2 of 2

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ATTACHMENT A
Scope of Services
A-1 OVERVIEW
The Fire Protection Services to be provided by the City of Hollister shall consist of Structural Fire Protection, Vegetation Fire, Vehicle Accident, Pre-Hospital Emergency Medical Services, Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response (flooding, downed power lines, earthquake, etc.), Fire Prevention Services, Fire Investigations, Fire Inspections and Pre-Planning Services for SIB.

Additionally, SJB hereby contracts with the City of Hollister to provide administrative and operational management of fire services within SJB. The City of Hollister Fire Chief is also delegated the authority by the SIB City Council to act as the SJB Fire Chief which includes the delivery of fire protection, emergency medical service, fire prevention investigative services and other duties associated with a full service fire department and cooperative fire protections program for SJB.

A-2 OBJECTIVES
The parties define the following objectives to be met by City of Hollister in accordance with the terms of the agreement.
• ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief shall present biannually to SJB City Council, a report on administration policies and fire issues and will seek guidance on SJB Fire Department questions or concerns, ensuring SJB has input with regard to fire services provided and future goals of the Department, as well as status of training, staffing, costs, call times, etc. In the event that the Fire Chief is unable to provide the biannual report due to unforeseen and unplanned conflicts, the Fire Chief may assign a designee to report in his/her place.
• FINANCIAL: Provide the level of service described in this agreement while operating the fire services in a cost effective and efficient manner. • MANAGEMENT: Provide a coordinated management program in order to effectively serve the needs of SJB.
• RESERVE FIREFIGHTERS: Strengthen recruitment and retention of an effective force of reserve Firefighters through improved communications, working relationships, and benefits as determined by the CONTRACTOR.
• JURISDICTION: Hollister Fire Department has jurisdiction within the boundaries of San Benito County, San Juan Bautista and Hollister City limits with the exception of the Aromas Tri-County Fire Protection District.

Revised 11/6/18 Attachment A: Page 1 of 6

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• FACILITIES: Identify and recommend an effective inventory of facilities to serve SJB and meet the needs of the Department.
• PRE-PLANNING AND FIRE INSPECTIONS: Assist SJB Building Official with pre-planning and inspection services as they relate to the Fire Department and the requirements of Title 19 and Title 24 of the California Building Codes. Applications shall receive initial review and be processed within ten (10) business days. SIB reserves the right to hire or utilize its own staff or contracted staff to provide these services as needed. • VEHICLES & EQUIPMENT: Hollister Fire Department will operate a comprehensive vehicle and equipment program addressing replacement, maintenance and future purchases.
• FIRE PREVENTION: Provide a comprehensive fire prevention program. • TRAINING: Ensure that all personnel including Reserves are required to complete training requirements to carry out their duties and responsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the Department.
• FIRE SUPPRESSION: Provide the highest level of structural fire suppression services within the resources available to the Department.
• EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures, certifications or reporting requirements; and participate in EMS system stakeholder meetings, including, but not limited to: Base Station, Pre-Hospital Advisory, EMCC, and SCR911 Fire/EMS Task Force and User Meetings.
• COMMUNICATIONS: CONTRACTOR is responsible for the ongoing management and cost of fire department related emergency 911 communications including dispatching and call taking (currently contracted through Santa Cruz Regional 911) with the exception of any Capital Infrastructure needs.
• DISASTER PREPAREDNESS & RESPONSE: Ensure that the Department maintains the ability to respond to major emergencies and disasters through participation in all local exercises and training that are consistent with the County Operational Area Emergency Operations Plan. In the event of a local, state, or presidential proclaimed/declared disaster, CONTRACTOR shall follow protocols and procedures as defined in the Standardized Emergency Management System, California Emergency Services Act, San Benito County Operational Area Emergency Operations Plan, and any other applicable plan, policy, or system, including communicating/coordinating with the appropriate county official or staff for response, recovery, and mitigation activities.

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Three shifts of engine companies per fire station will provide no less than a 2 (two) person response to all incidents on the CONTRACTOR staffed County designated engine. On the CONTRACTOR staffed SJB engine located within the San Juan Bautista city limits, no less than a three (3) person response on all CONTRACTOR staffed engines.

Response goals have been established to allow CONTRACTOR and SJB to evaluate the effectiveness of the Fire Department response times. The department has four pre-established zones (see images below for maps) based on station location. Each response zone identifies the response times that the department aims to reach to the 90th percentile. For calls that fall outside of the pre-defined response zones, such as those in the southern, rural portion of the county, adequate response times are defined using the following formula: Distance in miles from the nearest Hollister Fire Station at a rate of 35 miles per hour. For example, a call that is 35 miles from the nearest fire station should take the first apparatus 35 minutes or less to arrive. On a case by case basis, should weather, traffic, call queuing, or any other unforeseen complication to the response occur, an exemption may be granted and thus not counted towards the 90th percentile goal.

Response times are defined as the time from initial notification by dispatch to the assigned apparatus to arrival of the first unit on scene of the call for service.

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ti
Hollister Fire Stations Response Times
N
-1-
I -. -:‘••••
-Nj —j
4;
\
ti
Station Response Time Boundaries
HOLI : 0 - 4 HOL2 : 0 - 1 HOL3 : 0 - 4 HOL4 0 - 4
HOL1 4 - 6 HOL2 4 - 6 HOL3 - 6 H014 : 4 - 6
14011 : 6 - 8 - HOL2 : 6 - 8 HOL3 6 - HOL4 : 6 -
Stations
• Existing
Proposed
Hollister Fire Stations Response Times
N
\
v--

7.:
t I 1
' 1 ---
Station Response Time Boundaries Stations
HOLI 0 - 4 H01.2 : 0 - 4 HOL3 : - 4 HOL4 :0 - 4 • Existing HOL1 • 4 - 6 HOL2 4 - 6 14013 : 4 - 6 14014 : 4 - 6
HOLI : 6 - 8 HOL2 : 6 - 8 . :11013 : 6 - 8 HOL4 : 6 - 6 Proposed (Maps courtesy of Santa Cruz Regional 911)
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A-5 FIRE STATION
Four (4) Fire Stations are proposed to provide Countywide fire services. Station 1 is owned and operated by the City of Hollister and is located at 110 Fifth Street, Hollister. Station 2, also owned by the City of Hollister, is located at Union Road.

Station 3 is temporarily located within the City of Hollister's Municipal Airport located at the termination of Aerostar Way. The City of Hollister desires to continue work on Station No. 3 to be located at the intersection of Rosa Morada and Fairview Road.

Station 4, which is located at Second and Polk Streets, is owned by SJB.

A-6 FIRE APPARATUS AND FIRE VEHICLES
Initially, fire apparatus and fire vehicles will include both city-owned vehicles with preventive maintenance to be provided by the City of Hollister. SJB will maintain ownership and insurance coverage for SIB-owned vehicles listed in this agreement. CONTRACTOR will maintain insurance coverage for all liabilities in accordance with California Vehicle Code Sections 17000, et. seq., which may arise out of the operation of said vehicles.

The CONTRACTOR upon contract execution shall commence the purchase process of one (1) Type 1 Engine, one (1) Type 3 Apparatus, and one (1) Off-Road Water Tender. Delivery of said apparatus is anticipated to take 12 to 18 months. Should SIB or CONTRACTOR elect to terminate this contract, SJB shall be given the option to purchase the apparatus at a prorated amount based on the fair market value of the vehicle. For SJB owned Vehicles, CONTRACTOR shall:
a) Provide fuel, oil, lubrication, batteries, tires, brakes and tubes. b) Repair, exchange, or replace when necessary accessory motors, hoses, pumps, spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when vehicles were accepted by the CONTRACTOR for operation. c) Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, that CONTRACTOR may cease to make further repairs on any vehicles when CONTRACTOR determines that the repair costs during the period of this agreement shall exceed $10,000 for any one occurrence, or will exceed the market value of the vehicle. In this event, or if the CONTRACTOR determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, the CONTRACTOR shall not be required to repair the vehicle or maintain it in use.
d) SJB, or SJB through its insurance company, shall pay to the CONTRACTOR the cost of all accident repairs in excess of $2,000 per occurrence.

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For all fire equipment and vehicles, CONTRACTOR shall keep a record regarding maintenance and repairs. All SJB personal property provided to CONTRACTOR for the purpose of fire protection services shall be marked and accounted for by CONTRACTOR in a manner that will identify the property as belonging to SJB if the equipment is later returned to SIB.

CONTRACTOR shall return SJB's Fire Apparatus upon CONTRACTOR's new fleet being placed "in service".

All fire apparatus assigned to San Benito County Station 3 and SIB Station 4 shall be marked as:

County of San Benito Fire Department and City of San Juan Bautista Fire Department respectively as approved by San Benito County and SJB. At the discretion of the fire chief, CONTRACTOR may opt to mark all apparatus, regardless of station location or ownership, with the logo/patch/seal of all three jurisdictions whom are partner to this contract with the written approval of the design by SJB.

A7 INVENTORY LIST
An inventory listing of all capital and controlled assets owned by SJB shall be provided to SJB Auditor annually, upon completion of the fiscal year or as specified by the Auditor. Any obsolete, damaged, or unneeded equipment shall be provided back to SJB for disposal pursuant to SJB's surplus property policies.

END OF ATTACHMENT A
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Upon the complete performance of the services specified in Attachment A.

The basis specified in paragraph B-4.

B-2. PAYMENT
Payment shall be made by SJB to CONTRACTOR at the address specified in paragraph 8 of this contract, net thirty (30) days from the invoice date.

B-3. COMPENSATION
SJB shall pay to CONTRACTOR according to the following schedule:

Calendar Year

1. 2019

2. 2020

3. 2021

4. 2022

5. 2023

6. 2024

7. 2025
Contract Amount
$228,000.00
$234,840.00
$241,885.00
$249,141.00
$256,616.00
$264,314.00
$272,243.00
Optional Years (without prior termination).

8. 2026 $280,410.00

9. 2027 $288,822.00

10. 2028 $297,487.00
B-4. SPECIAL COMPENSATION TERMS: (check one)
[ ] There are no additional terms of compensation.
[x ] The following specific terms of compensation shall apply:
(a) The CONTRACTOR will invoice SJB quarterly for services rendered. (b) During the initial 24 months of this contract, or until CONTRACTOR has all apparatus in service, whichever occurs first, all parties acknowledge that in the event of a major disaster, loss or need to replace a major piece of equipment, SJB shall be responsible to pay to CONTRACTOR the cost of the replacement which may exceed the "not to exceed" amount in B- 3 in the paragraph above, such purchases shall be subject to the review and approval of City Council. In the case of SIB not approving the replacement cost of SJB equipment, Revised 11/06/18 Attachment B: Page 1 of 2

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CONTRACTOR shall be entitled to reduce the level of fire services commensurate with the SJB equipment no longer in operation.

END OF ATTACHMENT B.

Revised 11/06/18 Attachment B: Page 2 of 2

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ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.

CONTRACTOR and SJB each agree to indemnify, defend and save harmless the other party and the other party's officers and employees, from and against any and all claims and losses whatsoever arising out of, or in any way related to, the indemnifying party's performance under this contract, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by the indemnities in connection with such claims or losses. A party's "performance" includes the party's action or inaction and the action or inaction of that party's officers and employees.

C-2. INDEPENDENT CONTRACTOR.

This Agreement shall not constitute, nor shall it be interpreted as constituting, an agreement for hire of CONTRACTOR's fire personnel by SJB and any CONTRACTOR personnel providing services under this Agreement is, and shall continue to be, an employee of the CONTRACTOR under the supervision, management and control of the CONTRACTOR. SJB shall not assume by this AGREEMENT any liability for the direct payment of any salary, wages, medical benefits, retirement benefits, or other compensation to any officer or employee of the CONTRACTOR that is performing services hereunder for SIB, or for any other liability other than that provided for in this AGREEMENT.

C-3. CONFLICT OF INTEREST.

C-4. COMPLIANCE WITH APPLICABLE LAWS.

Revised 11/6/18 Attachment C: Page 1 of 4

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C-5. PROHIBITION AGAINST ASSIGNMENT AND DLEGATION OF DUTIES.

Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by CONTRACTOR without the prior written consent of SJB, and any attempted assignment or delegation without such consent shall be void.

C-6 NEGOTIATED CONTRACT.

C-7. SEVERABILITY.

C.8 ENTIRE CONTRACT.

C-9. TIME IS OF THE ESSENCE.

Time is of the essence in the performance of this contract.

C-10. TERMINATION.

Either party may terminate this contract, with or without cause, at any time. In order to terminate this contract, the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of day specified in paragraph 6 of this contract. The termination notice shall be made as specified in paragraph C-11, below. In the event of termination, SJB shall pay CONTRACTOR for all work satisfactorily performed prior to the effective date of the termination.

C-11. NOTICES.

Revised 11/6/18 Attachment C: Page 2 of 4

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(a) The day the notice is personally delivered to the contract administrator or the office of the party's contract administrator; or
(b) Five days after the date the notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, with first-class postage fully prepaid; or
(c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in paragraph 6 of this contract, provided that an original of such notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, on the same day as the facsimile transmission is made.

C-12. RESPONSIBILITY OF CONTRACT ADMINSTRATORS.

C-13. MATERIALITY.

The parties consider each and every term, covenant, and provision of this contract to be material and reasonable.

C-14. WAIVER.

Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. SJB'S receipt of consideration with knowledge of CONTRACTOR's violation of a covenant does not waive its right to enforce any covenant of this contract. The parties shall not waive any provisions of the contract unless the waiver is in writing and signed by all parties.

C-15. AUTHORITY AND CAPACITY.

SJB's and CONTRACTOR's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-16. BINDING ON SUCCESSORS.

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CONTRACTOR's heirs, successors, executors, administrators, and assigns shall be jointly and severally liable under this contract.

C-17. CUMULATION OF REMEDIES.

All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

C-18. INDEPENDENT ADVICE.

Each party hereby represents and warrants that in executing this contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that is has received independent legal advice from its attorney with respect to the matters set forth in this contract and the rights and duties arising out of this contract, or that such party willingly foregoes any such consultations.

C-19. NO RELIANCE ON REPRESENTATIONS.

C-20. COUNTERPARTS.

This contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts shall together constitute one contract.

END OF ATTACHMENT C.

Revised 11/6/18 Attachment C: Page 4 of 4

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ATTACHMENT D
Specific Terms and Conditions
D-1 INDEMNIFICATION
The indemnification provisions set forth in Attachment C, shall survive the termination or expiration of this Contract.

D-2 AMENDMENTS
This Contract may be amended only in writing with consent of both parties.

D-3 GRANT ADMINISTRATION
CONTRACTOR will apply for grants as it determines prudent in its sole discretion, and will administer all grants received.

D-4 WORKERS COMPENSATION
SJB shall not be liable to any officer, employee, Reserve or agent for any sickness or injury incurred by such person in the course of performing services under this Contract. All workers' compensation insurance shall be the responsibility of CONTRACTOR.

D-5 NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either party as a result of this Contract.

D-6 FACILITY AGREEMENT
The City of Hollister shall pay the City of San Juan Bautista for use of the property now commonly known as Station No. 4 located at 311 Second Street based on the following schedule:

A separate lease agreement shall be drawn. The lease shall include apparatus bay and living quarters.

The City of Hollister shall be responsible for all utilities.

Years 1-3
Years 4-5
Years 6-7
Years 8-10
$3,000 per month
$3,400 per month
$3,600 per month
$3,800 per month
D-7 SIB MECHANIC UTILIZATION
$36,000 per year
$40,800 per year
$43,200 per year
$45,600 per year
City of Hollister shall utilize the service of the City of San Juan Bautista's Diesel Mechanic for appropriate repair and maintenance work on all diesel powered Fire Apparatus when available. Initial labor rate hall be established at $75.00 per hour. Hourly rates are subject to change based on an annual basis.

Revised 02/01/19 Attachment D: Page 1 of 2

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D-8 MAXIMUM AMOUNT OF CONTRACT
The parties may agree in writing to modify the maximum amount and compensation terms of this Contract. Any increase shall be approved in advance by the governing bodies of the CONTRACTOR and S1 B.

D-9 EFFECTIVE DATE OF THE CONTRACT
The parties expect that this contract will take effect on March 1, 2019.

END OF ATTACHMENT D
Revised 02/01/19 Attachment D: Page 2 of 2

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RESOLUTION NO. 2019-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED CONTRACT WITH THE

CITY OF SAN JUAN BAUTISTA FOR CONTINUED FIRE PROTECTION SERVICES WHEREAS, in May 2013, the City Council approved the initial contract to provide Fire Protection Services for the City of San Juan Bautista, and WHEREAS, the City Council approved an extension of that contract on October 19, 2015 and said contract expired on October 1, 2018; and
WHEREAS, Resolution No. 2018-302 was approved by City Council on November 19, 2018; and
WHEREAS, a newly amended contract has been submitted by the City of San Juan Bautista to include Comprehensive General Liability Insurance Limits of $5,000,000 and a commencement date of the contract of March 1, 2019; and WHEREAS, the City of San Juan Bautista still requires Fire Protection Services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the contract to provide continued Fire Protection Services for the City of San Juan Bautista and hereby authorizes the Mayor to execute the amended contract.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 18th day of March, 2019, by the following vote:

AYES: Council Members Richman, Resendiz, Spencer, Lenoir, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: None.

ATTEST:

Christine Black, MMC, City Clerk
Ignacio Velazquez, Mayor
APPROVED AS TO FORM:

Prentice, Long & Epperson, Attorneys at Law
Jason Epperso j City Attorney

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE
OFFICE OF THE CITY CLERK Page 38 of 53

AMENDMENT NO. 1 TO SAN BENITO COUNTY FIRE PROTECTION SERVICES

AGREEMENT WITH THE CITY OF HOLLISTER
This Amendment No. 1 (“Amendment”) to the Fire Protection Services Agreement, dated January 1, 2019, (“Agreement”) between the County of San Benito, a political subdivision of the State of California (“COUNTY”), and the City of Hollister, a California municipal corporation (“CONTRACTOR”), is made and entered into as of [DATE] (“Effective Date”).

RECITALS
WHEREAS, COUNTY and CONTRACTOR entered into an Agreement, dated January 1, 2019, for the provision of fire services, a copy of which is incorporated herein and attached hereto as Exhibit A;
WHEREAS, the parties desire to amend the Agreement to address changes in payment terms, rates, and other provisions;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Agreement as follows:

AMENDMENT NO. 1

1. Amended Provisions. The parties agree to amend the Agreement as follows with such Amendment only becoming effective upon execution by BOTH the County to this Amendment No. 1 and the City of San Juan Bautista (“SJB”) to its Amendment No. 1. a. Payment Schedule, Contract Amounts and Special Compensation Terms i. Calendar Year. Section B-3 of Attachment B (“Payment Schedule”) of the Agreement entitled “Compensation” is hereby amended as follows:

The payment schedule shall be adjusted from a “Calendar Year” to a “Fiscal Year” model. The fiscal year shall run from July 1 to June 30 of the following year.
ii. Contract Amount.

Section B-3 of Attachment B (“Payment Schedule”) of the Agreement entitled “Compensation” is hereby amended as follows:

Contract Rates and Annual Escalator. For Fiscal Year 2024-25, the annual rate for fire services shall be increased by $1,100,000.00 to a new rate of $3,376,329.

Beginning in Fiscal Year 2025-26, an annual escalator of 3% shall be applied to the previous year’s rate.

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iii. Contract Amounts. Based on the above amendments, the Fiscal Year contract amounts within Section B-3 of Attachment B (“Payment Schedule”) of the Agreement are hereby amended as follows:

FY 2024-25: $3,376,329
FY 2025-26: $3,477,618
FY 2026-27: $3,581,947
FY 2027-28: $3,689,405
FY 2028-29: $3,800,087

iv. Special Compensation Terms.

Section B-4 of Attachment B (“Payment Schedule”) of the Agreement entitled “Special Compensation Terms” is hereby amended to add in their entirety the following provisions:
(a) COUNTY shall reimburse CONTRACTOR up to $400,000 of for eligible expenses included in the COUNTY’s current Fire Impact Fee study incurred from January 1, 2019, to June 30, 2025, in accordance with the Mitigation Fee Act. Such reimbursement shall occur on or before June 30, 2026. Eligible expenses shall include, but are not limited to, fire protection services, equipment, training, and other related costs incurred by CONTRACTOR in providing services under the Agreement as it relates to addressing the impacts of growth and development. Ownership of equipment that is reimbursed through this provision will be transferred to COUNTY and will be operated and maintained by CONTRACTOR.

(b) COUNTY shall reimburse CONTRACTOR for SCR911 County ambulatory expenses charged to the CONTRACTOR since January 1, 2019, which were previously to have been reimbursed by COUNTY. Such reimbursement shall be made within ninety (90) days of the Effective Date of this Amendment.

Additionally, COUNTY and CONTRACTOR shall collaborate with the Santa Cruz County Regional 9-1-1 Dispatch Center to develop and implement protocols that effectively prioritize emergency service calls within San Benito County. These protocols shall aim to reduce unnecessary public service calls, false alarms, and long-distance resource dispatches. The parties acknowledge that service levels within the incorporated areas of Hollister and San Juan Bautista will exceed those provided to unincorporated areas of San Benito County. In non-exigent circumstances, as determined by established dispatch protocols, EMS ambulances may be dispatched without accompanying firefighting resources.

(c) CONTRACTOR shall bill COUNTY quarterly per CONTRACTOR’S current fee schedule for time worked related to development review and inspections.

COUNTY shall provide payment to CONTRACTOR within thirty (30) days

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of receipt of each invoice. CONTRACTOR shall provide detailed documentation of services performed, including but not limited to staff time, dates of service, and description of services provided. b. Term of Agreement
Section 1 of the Agreement entitled “Duration of Contract” is hereby amended to read as follows:

This contract shall commence on January 1, 2019, and terminate on June 30, 2029.

c. Proposed Staffing and Training Levels

Section A-3 of Attachment A (“Scope of Services”) of the Agreement entitled “Proposed Staffing & Training Levels” is hereby repealed and replaced in its entirety to read as follows:

The COUNTY designated engine (“Station 3”) shall provide no less than a two (2) person response to all incidents. Staffing levels within the City of Hollister and/or any other applicable jurisdiction(s), unless otherwise contracted, shall be determined in the sole discretion of CONTRACTOR.

d. Termination Provisions

Section 6 of the Agreement entitled “Termination” and Section C-10 of Attachment C entitled “Termination” are hereby repealed and replaced to read as follows:

Notwithstanding any other provisions in this Agreement, CONTRACTOR shall have the right to terminate this Agreement if COUNTY fails to make any payment required under this Agreement within sixty (60) days after such payment is due. Prior to such termination, CONTRACTOR shall provide COUNTY with written notice of the payment default and COUNTY shall have thirty (30) days from receipt of such notice to cure the default by making the required payment. If COUNTY fails to cure the default within the thirty (30) day period, CONTRACTOR may terminate this Agreement by providing COUNTY with written notice of termination, which shall be effective ninety (90) days after COUNTY’S receipt of such notice.

The parties mutually agree that upon the formation of a Fire District providing service to the established service area, they may agree to mutually terminate this Agreement. Upon mutual agreement of termination, the effective date of said termination shall be no less than 270 days after agreement has been reached unless otherwise agreed to by the parties in writing. The termination notice shall be made as specified in paragraph C-11 of this Agreement. The termination notice period must conclude during the term within which the notice is provided.

Except as provided above regarding COUNTY’S failure to pay and/or the formation of a Fire District and mutual termination, neither party shall have the right to terminate this

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Agreement prior to its expiration date as set forth in Section 1 of this Agreement, as amended.

2. Inconsistency; Conflicts. In the event of any conflict between the provisions of this Amendment and the original Agreement, the provisions of this Amendment shall control.

3. Agreement Continuance. Except as expressly modified and supplemented by this Amendment, all other terms and conditions in the original Agreement remain in full force and effect and continue to bind the parties.

4. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Digital signatures comporting with the requirements of Government Code section 16.5 shall have the same force and effect as an original “wet” signature.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date written above.

CITY OF HOLLISTER COUNTY OF SAN BENITO

Roxanne Stephens, Mayor

Kollin Kosmicki, Board Chair

Date:
_____________________________________

APPROVED AS TO LEGAL FORM:

Mary Lerner, City Attorney

APPROVED AS TO LEGAL FORM:

Bill Adams, William L. Adams PC

ATTEST:

Jennifer Woodworth, City Clerk

ATTEST:

Vanessa Delgado, Clerk of the Board

Page 42 of 53 ends

AMENDMENT NO. 1 TO CITY OF HOLLISTER FIRE PROTECTION SERVICES

AGREEMENT WITH THE CITY OF SAN JUAN BAUTISTA
This Amendment No. 1 (“First Amendment”) to the Fire Protection Services Agreement dated March 18, 2019 (“Agreement”) between the City of San Juan Bautista, a California municipal corporation (“SJB”), and the City of Hollister, a California municipal corporation (“CONTRACTOR”), is made and entered into as of [DATE] (“Effective Date”).

RECITALS
WHEREAS, CONTRACTOR and SJB entered into an Agreement dated March 18, 2019, for the provision of fire services, a copy of which is incorporated herein and attached hereto as Exhibit A; and
WHEREAS, the parties desire to amend the Agreement to address changes in payment terms, rates, and other provisions.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Agreement as follows:

AMENDMENT NO. 1

1. Amended Provisions. The parties agree to amend the Agreement as follows with such Amendment only becoming effective upon execution by BOTH SJB to this Amendment No. 1 and the County of San Benito (“County”) to its Amendment No. 1. a. Payment Schedule and Contract Amounts
i. Calendar Year. Section B-3 of Attachment B (“Payment Schedule”) of the Agreement entitled “Compensation” is hereby amended as follows:

The payment schedule shall be adjusted from a “Calendar Year” to a “Fiscal Year” model. The fiscal year shall run from July 1 to June 30 of the following year. ii. Contract Amount.

Section B-3 of Attachment B (“Payment Schedule”) of the Agreement entitled “Compensation” is hereby amended as follows:

Contract Rates and Annual Escalator. For Fiscal Year 2024-25, the annual rate for fire services shall be increased by $150,000 to a new rate of $418,279. Beginning in Fiscal Year 2025-26, an annual escalator of 11% shall be applied to the previous year’s rate. This escalator is intended to account for annual inflation for fire services, equipment replacement, and increases in the cost share.

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iii. Contract Amounts. Based on the above terms, the contract amounts for each fiscal year shall be as follows:

FY 2024-25: $418,279.00
FY 2025-26: $464,289.69
FY 2026-27: $515,361.56
FY 2027-28: $572,051.33
FY 2028-29: $634,976.98

b. Lease and Utility Provisions
Section D-6 of Attachment D (“Specific Terms and Conditions”) of the Agreement entitled “Facility Agreement” is hereby removed in its entirety and shall no longer be in effect.
c. Term of Agreement
Section 1 of the Agreement entitled “Duration of Contract” is hereby amended to read as follows:

This contract shall commence on March 18, 2019, and terminate on June 30, 2029, unless terminated pursuant to this contract.
d. Proposed Staffing and Training Levels
Section A-3 of Attachment A (“Scope of Services”) of the Agreement entitled “Proposed Staffing & Training Levels” is hereby repealed and replaced in its entirety to read as follows:

The SJB designated engine shall provide no less than a two (2) person response to all incidents. Staffing levels within the City of Hollister and/or any other applicable jurisdiction(s), unless otherwise contracted, shall be determined in the sole discretion of CONTRACTOR.

e. Termination Notice Period

Section 6 of the Agreement entitled “Termination” and Section C-10 of Attachment C (“General Terms and Conditions”) of the Agreement entitled “Termination” are hereby repealed and replaced in their entirety to read as follows:

TERMINATION.

Section 6 of the Agreement entitled “Termination” and Section C-10 of Attachment C entitled “Termination” are hereby repealed and replaced to read as follows:

Page 44 of 53 ends

Notwithstanding any other provisions in this Agreement, CONTRACTOR shall have the right to terminate this Agreement if SJB fails to make any payment required under this Agreement within sixty (60) days after such payment is due. Prior to such termination, CONTRACTOR shall provide SJB with written notice of the payment default and SJB shall have thirty (30) days from receipt of such notice to cure the default by making the required payment. If SJB fails to cure the default within the thirty (30) day period, CONTRACTOR may terminate this Agreement by providing SJB with written notice of termination, which shall be effective ninety (90) days after SJB’S receipt of such notice.

Except as provided above regarding SJB’S failure to pay and/or the formation of a Fire District and mutual termination, neither party shall have the right to terminate this Agreement prior to its expiration date as set forth in Section 1 of this Agreement, as amended.

2. Inconsistency; Conflicts. In the event of any conflict between the provisions of this First Amendment and the original Agreement, the provisions of this First Amendment shall control.

3. Agreement Continuance. Except as expressly modified and supplemented by this First Amendment, all other terms and conditions in the original Agreement remain in full force and effect and continue to bind the parties.

4. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Digital signatures comporting with the requirements of Government Code section 16.5 shall have the same force and effect as an original “wet” signature.

IN WITNESS WHEREOF, the parties have executed this First Amendment as of the Effective Date written above.

CITY OF HOLLISTER CITY OF SAN JUAN BAUTISTA

Roxanne Stephens, Mayor

Leslie Jordan, Mayor

Date: ________________________________

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APPROVED AS TO LEGAL FORM:

Mary Lerner, City Attorney

APPROVED AS TO LEGAL FORM:

Jon R. Giffen, City Attorney

ATTEST:

Jennifer Woodworth, City Clerk

ATTEST:

Elizabeth Soto, City Clerk

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 6, 2025
REPORT # City Manager-2025-33

AGENDA ITEM: A RESOLUTION APPROVING A HOLLISTER INDEPENDENCE

DAY RALLY SECURITY AGREEMENT WITH AMERICAN GLOBAL SECURITY AND

DELEGATING AUTHORITY TO THE CITY MANAGER, OR DESIGNEE, TO

EXECUTE THE AGREEMENT

DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager

RECOMMENDED ACTION: Adopt a resolution approving a Hollister Independence Day Rally Security Agreement with American Global Security and Delegating Authority to the City Manager, or designee, to execute the agreement.

DISCUSSION: The City will hold the Hollister Independence Rally on July 4 and 5, 2025. The City expects the event to attract thousands of attendees and, as such, requires security services to protect the health and safety of City residents and attendees.

American Global Security is a trusted and reliable full-service security company based out of Los Angeles, California. The City Manager is negotiating the final terms of the agreement which will include armed and unarmed security officers.

FISCAL IMPACT: Not to exceed $270,000.00

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution to Approve an Agreement with American Global Security and delegate authority to the City Manager, or designee, to execute the agreement.

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Page 1 of 2 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AGREEMENT WITH AMERICAN GLOBAL SECURITY

AND DELEGATING AUTHORITY TO THE CITY MANAGER, OR

DESIGNEE, TO EXECUTE THE AGREEMENT

WHEREAS, on July 4 and 5, 2025, the City of Hollister (“City”) will host the Hollister Independence Rally (“Event”) which is expected to attract thousands of visitors to the City; and

WHEREAS, the City must hire a security firm to protect the health and safety of City residents and visitors to the City during the Event; and

WHEREAS, American Global Security is a trusted and reliable security firm .

NOW, THEREFORE, BE IT RESOLVED that the City Council:

1. Adopt a resolution approving an agreement with American Global Security to provide security services at the Event.

2. Delegate authority to the City Manager, or designee, to execute the agreement.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on June 6, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

_______
Angie Gonzalez, MMC, Deputy City Clerk Mary F. Lerner, City Attorney

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Page 2 of 2 ends

Resolution No. 2025-XX

- 2 -

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on June 6, 2025.

Angie Gonzalez, MMC
Deputy City Clerk of the City of Hollister

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 6, 2025
REPORT # City Attorney-2025-06

AGENDA ITEM: WAIVE THE CITY COUNCIL “CITY REQUESTS FOR FUTURE

AGENDA ITEMS AND INFORMATION POLICY TO DISCUSS, FORM AND APPOINT

TWO CITY COUNCILMEMBERS TO A HOLLISTER INDEPENDENCE RALLY AD

HOC COMMITTEE

DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
STAFF CONTACT: Jennifer Thompson, Assistant City Attorney

RECOMMENDED ACTION: Waive the City of Hollister (“City”) “Council Requests for Future Agenda Items and Information” Policy (“Policy”), discuss, form and appoint two (2) City Councilmembers to a Hollister Independence Rally Ad Hoc Committee.

DISCUSSION:

The Policy outlines the process by which City Councilmembers may add items to the City Council meeting agenda (“Agenda”). In general, the Policy requires the City Council to discuss adding an item to the Agenda at one meeting and then, if the item is approved, the item is added to a subsequent Agenda. In order to both approve adding an item and to discuss the item at the same City Council meeting, the City Council must first waive the Policy. The Policy was adopted by the City Council, and so may also be waived by the majority of the City Council. The recommended motion to waive the Policy is:

“I move to waive the Council Requests for Future Agenda Items and Information Policy to discuss, form, and appoint two (2) City Councilmembers to a Hollister Independence Rally Ad Hoc Committee.”

If this motion to waive the Policy passes, the City Council may then discuss the formation of and appoint two (2) City Councilmembers to a Hollister Independence Rally Ad Hoc Committee. Meetings of the City Council are generally subject to the Brown Act; however, the Brown Act specifically exempts ad hoc committees comprised of less than a quorum of the legislative body from Brown Act requirements. (Gov. Code, § 54952 (b).) Ad hoc committees also have a short-term advisory role and are generally disbanded when the original purpose of the ad hoc committee ends.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

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1. Resolution to Waive the City of Hollister “Council Requests for Future Agenda Items and Information” Policy and Appoint Two City Councilmembers to a Hollister Independence Rally Ad Hoc Committee.

Page 51 of 53 ends

Page 1 of 2 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER WAIVING THE CITY COUNCIL “COUNCIL REQUESTS FOR FUTURE
AGENDA AND INFORMATION” POLICY AND FORMING A HOLLISTER

INDEPENDENCE RALLY AD HOC COMMITTEE

WHEREAS, the City of Hollister (“City”) Council Requests for Future Agenda and Information Policy (“Policy”) generally requires the City Council to discuss adding an item to the Agenda at one meeting and then, if the item is approved, the item is added to a subsequent Agenda; and

WHEREAS, the City Council voted to waive the Policy to allow the addition of a Hollister Independence Rally Ad Hoc Committee to the same City Council meeting agenda; and

WHEREAS, the City Council discussed and formed a Hollister Independence Rally Ad Hoc Committee and voted to appoint Councilmembers [NAME] and [NAME] to the ad hoc committee.

NOW, THEREFORE, BE IT RESOLVED that the City Council:

1. Waived the Policy for the purposes of discussing and forming a Hollister Independence Rally Ad Hoc Committee.

2. Formed a Hollister Independence Rally Ad Hoc Committee to include Councilmembers [NAME] and [NAME].

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 6, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

_______
Angie Gonzalez, MMC, Deputy City Clerk Mary F. Lerner, City Attorney

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Page 2 of 2 ends

Resolution No. 2025-XX

- 2 -

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on June 6, 2025.

Angie Gonzalez, MMC
Deputy City Clerk of the City of Hollister

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Hollister City CouncilJune 6, 2025

Hollister City Council
June 6, 2025